HYDRO22909

• Permit No: M1978349
• IBM Index Class Name: Hydrology
• Doc Date: 2/20/2007
• Doc Name: Water Augmentation Plan
• From: Brent W. Kerr
• To: DRMS
• Media Type: D
• Archive: No

i~
RULING
22. The Findings of Fact and Conclusions of Law set
and co~rmed and aze incorporated into this Ruling by reference.
j Ruling of Referee
Colorado Rivers Edge - 00 CW 244
Page l3
above aze hereby approved
23. The application for underground water rights for the Cu;
in the First Claim for Relief of the Application, is hereby approved. .
hereby confirmed to the Custom Crushing Pits, in the following amour
per yeaz for evaporation losses, 0.66 acre feet per yeaz for dust suppress
per yeaz for product moisture losses,150 g.p.m. for dust suppression pu
aggregate washing purposes. The awazd of said conditional water right
quantity of water be diverted and applied to beneficial use within a re
right is subject to all earlier priority rights of others and to the integr
Division Engineer of such priority and in accordance with law.
24. The application for approval of the plan for augmentati
Claim for Relief of the Application is hereby approved. The Cush
constructed and may divert water in accordance with this Ruling of Refe
accordance with this Ruling of Referee. Applicant shall have the right to
from and at the Custom Crushing Pits so long as adequate water is
augment depletions from such diversions, as set forth in the Plan for Augr
Pursuant to C.R.S. § 37-92-305(8), the Division Engineer for Water Dig
of priority diversions from the Custom Crushing Pits the depletions fron
as to prevent injury to vested water rights.
25. The application for change of water rights set forth in th
of the Application is hereby approved. Applicants 2.03 shares in the Gr
(owner of the Lower Cactus Valley Ditch decree), the 50 shazes that AI
in the Loesch & Crann Ditch Company (owner of the Last Chance Ditch d
represented by such shazes, as described in Pazagraph 14, above, are he
following uses: Industrial uses of evaporation during mining activitic
mining activities from the Custom Crushing Pits, product moisture losses
and processing, and aggregate washing, all in connection with the mining
products from land on which the Custom Crushing Pits aze located. S
direct use or by augmentation or replacement, provided that these shaze:
purposes other than augmentation when required in connection with tl
approved herein.
26. Prior to constructing the Custom Crushing Pits oroperati
under the plan for augmentation approved herein, Applicant shall file an
~m Crushing Pits, set forth
conditional water right is
and rates: 69.43 acre feet
~n purposes, 2.96 acre feet
oses, and 1,500 g.p.m. for
on the condition that said
;onable time. Such water
ion and tabulation by the
m set.forth in the Second
m Crushing Pits may be
ee and may be operated in
ivert water out ofpriority
vailable and provided to
entation described above.
sion 5 shall curtail all out
which aze not so replaced
Second Claim for Relief
id River Ditch Company
licant has under contract
Free), and the water rights
:by changed to allow the
and after completion of
sand, gravel, and related
i uses may be made by
gall be used for no other
Plan for Augmentation
Custom Crushing Pits
anon for a well permit